Information about Nagar Van Yojana - CIC: Information sought by the Appellant is dynamic in nature, sufficient reply has been given by the Respondent - CIC: To allay the apprehension of the Appellant, PIO to provide an updated reply; Respondent cautioned
27 May, 2024
Information sought:
The Appellant filed an RTI application dated 26-10-2022 seeking the following information:
“1. When was the Nagar Van Yojana launched by the Ministry?
2. How many proposals has been received from State of Uttar Pradesh as on 01.10.2022 under the Nagar Van Yojana? Please provide the list.
3. How many proposals has been approved and pending which has been received from the State of Uttar Pradesh as on 01.10.2022 pending at the level of Central Government/Ministry?
4.How many rupees of funds has been released by the Central Government/Ministry to the State of Uttar Pradesh to the proposals approved? you are requested to furnish the data proposal wise.
5. Is there any clause in the Nagar Van Yojana where the citizen participation is ensured or the citizen can propose the Van/land under the Nagar Van Yojana?
6. Copy of the latest guidelines/brochures, etc. under Nagar Van Yojana.
7. Does this project identify the inclusion of new land under Nagar Van Yojana?
Or the land already under forest department will be developed?”
The CPIO furnished a point-wise reply to the Appellant on 05-12-2022 stating as under:
“Point no. 1: The scheme of Nagar Van Yojana (NVY) was launched by Ministry on the occasion of World Environment Day on 5th June, 2020.
Point no. 2 to 4: Total 40 proposals were received from the state of Uttar Pradesh; out of the total 40 projects, 26 proposals which fulfilled the guidelines of Nagar Van Yojana have been approved. Moreover, Ministry has approved these 26 Nagar Van projects with the total cost of Rs. 2815.05 lakhs and an amount of Rs. 1970.54 lakhs rupees has been released as first instalment by the Central Government / Ministry to the State of Uttar Pradesh.
Point no. 5-6: The NVY guidelines envisage participation of local people and students in plantation and are to be implemented in collaborative mode by different agencies. Furthermore, the guideline of Nagar Van Yojana can be downloaded from the ministry's website through the link shared below:
https://moef.gov.in/en/about-the-ministry/schemes-and-programmes/
Point no. 7: As per NVY guidelines, Nagar Van/Nagar Vatika can be developed on forest and non forest land within the limits of municipalities or in the vicinity located within 10 km limit.”
Being dissatisfied, the appellant filed a First Appeal dated 04-01-2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Shri Mohit Singh, attended the hearing.
Respondent: Ms. Sunita, Assistant Commissioner & CPIO and Shri B. Abhay Bhaskar, DIGF & FAA, attended the hearing.
The Appellant stated that the reply provided by the Respondent vide letter dated 05.12.2022 and 25.05.2023, is contradictory in nature and the same has been provided by the Respondent beyond the stipulated timeframe as per the RTI Act.
The Respondent submitted that Nagar Van Yojana is dynamic process and every time, the figures would change. She added that after receiving the hearing notice from the Commission, she also brought the latest and updated reply to the RTI Application, and this reply is also different from the earlier replies. She added that their department is not the implementing agency of the yojana. State Governments are the implementing agency and the Central Government provides the fund for the approved proposals of the State governments.
A written submission has been received from the Appellant vide letter dated 16.03.2024 and the same has been taken on record.
A written submission has been received from Ms. Sunita, Assistant Commissioner (Forestry) & CPIO (NAEB), vide letter dated 15.03.2024, a copy of which has also been sent to the Appellant and the same has been taken on record.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that since the information sought by the Appellant is dynamic in nature, sufficient reply has been given by the Respondent and the Commission upholds the same. To allay the apprehension of the Appellant, the Commission deems it fit to direct the CPIO to provide an updated reply to the Appellant, within one week from the date of receipt of this order. However, before parting with the case, the Respondent is cautioned to act strictly within the precincts of the RTI Act and observe the timelines scrupulously and punctually, in future.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Mohit Singh v. National Afforestation and Eco-Development Board, CIC/MOENF/A/2023/616174; Date of Decision : 22-03-2024